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VIKAS BAHL
Jagtar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - CRM-2791-2022
Allowed as prayed for.
Annexures P-3 to P-5 are taken on record subject to all just exceptions.
CRM-M-50961-2021
2. This is a first petition under Section 439 Cr.P.C. for grant of regular bail in FIR no.86 dated 21.04.2021 registered under Sections 323, 325, 341, 34 IPC (Sections 302, 307, 201, 120-B IPC added later on) at Police Station Sadar Samana, District Patiala.
3. The FIR in the present case has been registered on the statement of Jaspreet Singh son of Sukhdev Singh who had stated that one Sohi Baba along with two unknown persons in a Verna car had come to thehouse of the complainant and inquired about his father and in the meantime Sukhdev Singh, i.e. the father of the complainant, rode on a TVS scooty to come to his house but when he saw the said three persons outside his home, he got scared and turned around his scooty towards the field and tried to run away. When, the three persons in the Verna car started chasing the father of the complainant, the mother of the complainant told the complainant to follow the said persons and the complainant saw that his father was being beaten up by the said three persons with rods and dandas an
The lack of evidence attributing any injury to the petitioner and the potential delay in the trial due to the pandemic were key factors in granting bail.
The central legal point established in the judgment is the need for a trial to resolve issues of identity and contradictory statements before granting bail.
The court granted bail under Section 439 Cr.P.C. due to the petitioner's lengthy custody, lack of prior naming in the FIR, and completion of investigation, while ensuring witness safety.
The main legal point established in the judgment is that the presence of sufficient prima-facie evidence pointing towards the guilt of the accused persons is a valid ground for rejecting a bail appli....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The decision emphasized the importance of considering discrepancies in witness statements, lack of evidence against the accused, and prolonged custody without significant trial progress in granting r....
Grant of Bail – Investigation completed – Conditions imposed.
The main legal point established in the judgment is that the lack of specific attribution of any injury to the petitioner and the prolonged custody of the petitioner were key factors in granting the ....
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